Browning King & Company, Inc

Text (OCR of the scan; may contain errors)

BROWNING KING & COMPANY, INC., ET AL.

Docket 7060. Order, Jlay 4, 1960 Interlocutory order upholding denial of motion to dismiss. This matter having been heard by the Commission upon respondents’ interlocutory appeal from the hearing examiner’s ruling denying respondents’ motion to dismiss the complaint, in support of which respondents have filed a brief and a supplemental brief; and It appearing that the only effect of the hearing examiner’s ruling denying respondents’ motion to dismiss for alleged failure of proof is to require respondents to present their defense and, thus, it is not shown that the ruling involves any substantial rights or that it will materially affect the final decision in this matter; and The Commission, therefore, being of the opinion that respondents’ appeal is not one to be granted under §3.20 of the Commission’s Rules of Practice, and that, in the circumstances, no useful purpose would be served by granting respondents’ request for oral argument on the appeal:

It 7s ordered, That. respondents’ interlocutory appeal and their request for oral argument on the appeal be, and they hereby are, denied.